Maybe you saw a back-to-school ad and felt nostalgic, or maybe you’ve been thinking about enhancing your credentials to make your next career move. Whatever the reason, employees who are considering further education often ask: can I take a leave of absence from my job to go back to school?
For those who want to start taking exams and doing assignments again (instead of just reliving these in recurring bad dreams years after graduation), the answer is that for most employees there is no “automatic” right to a job-protected educational leave. This contrasts with other situations that are covered by job-protected leaves established under employment standards legislation.
Types of Leave
There are two types of leaves available to employees:
- statutorily-granted leaves, and
- voluntary leaves.
Statutorily-granted leave
Statutorily-granted leaves create an automatic right to a job-protected leave which an employee can take, if they qualify for the leave.
For example, an employee eligible for parental leave has a statutory right to go on leave in accordance with the applicable statute. The employer would not be able to refuse the leave, and the employee’s job would be legally protected. However, allowing periods of leave longer than provided for by statute would be at the employer’s discretion.
Voluntary leaves
Voluntary leaves, on the other hand, are at the discretion of the employer.
Employees may request voluntary leave for any reason – not just to go back to school. It could be for time off to visit family, take an extended trip, or even for an informal sabbatical. However, in the absence of a workplace policy providing for voluntary leaves, employees must rely on the goodwill of their employer to approve any request for a voluntary leave.
Thus, although legislatures have recognized several kinds of protected leaves, educational leave is not a statutorily-granted leave. Consequently, employees do not have a statutory right to a job-protected leave while they go back to school. An employee’s ability to go on leave to pursue education, or professional development opportunities, depends on their individual employers’ policies.
Requests for Leave 101
Although there is no inherent right to educational leave, some workplaces have educational and professional development leave policies in place, such as many post-secondary institutions. In workplaces where these policies have been implemented, employees can simply apply for leave, and employers can assess the request in accordance with the policy. While policies vary from employer to employer, these types of policies would normally stipulate:
- whether the leave is paid or unpaid,
- whether it is job-protected, and
- what kind of programs qualify, on top of other considerations.
Where there is no educational and professional development leave policy in place, employees have the option of discussing the matter with their employer. As such, employees should not assume that they either must resign or abandon the educational opportunity. Though employers are not obligated to accept an employee’s request for leave, they may not want to dismiss it out of hand. Accommodating a request for leave could be mutually beneficial, as the skills the employee is looking to develop might be valuable to the employer.
As a best practice, both employers and employees should document their discussions, as well as any arrangement reached. Written documentation helps provide clarity in the event of a dispute. If an agreement is reached, there should be a clear record of the terms of the leave, including:
- its length,
- whether it will be paid or unpaid, and
- whether the employee’s position will be protected for the duration of the leave.
We recommend engaging counsel to protect your rights throughout these negotiations.
Don’t Leave It To Chance
Employees and employers can both benefit greatly from educational and professional development leave policies. Indeed, it can be strategic for employers to have these types of policies in place, since it can help them retain talent, and gain from their employees’ development, instead of losing personnel because there was no policy in place. Furthermore, this kind of policy can promote loyalty and boost morale, as employees appreciate the fact that they can pursue their development without disrupting their careers. Ultimately, these policies can be valuable sources of internal talent development.
Are you an employee who is interested in going back to school, or taking a professional development course? We can help you review your employer’s policies, understand your rights, and assist you with discussing and arranging an educational leave.
If you are an employer, we can help you approach requests for leave. We are also happy to assist you in developing educational and professional development leave policies or review your existing policies.
